Court Tomorrow

[Cowboy Medic]

Well Guys I go to court tomorrow. I am suing JD Truck Service for all the work they did wrong and the damage it caused. Some of you may remember I had probably two or three threads on here about it. Started out as a simeple Rear main seal leak, and to upgrade to a South Bend Clutch and wound up costing me over $4500. 00 when he didn't put in a pilot bearing, installed the shift fork backwards, tried to bleed the hydraulics for the clutch, used an air wrench to install the new clutch, replaced the input shaft but left out the thrust bearing, and well the list goes on. Nice part is he has written letters to the Better Business Bureau and to me which when compared to e-mails and shop notes completely contradict themselves and make it obvious he is lying and trying to protect himself. I am pretty sure he doesn't realize I kept every piece of paper and printed out every e-mail as well as documented every phone call we had during the whole ordeal. I am actually hoping he tries to walk in there with his I am the expert attitude and I can show all of this as well as the factory service instructions and trounce is butt. My Mom was a great trial person for her law firm and from the first feelings of something was wrong she was telling me what to track and what to watch for. I talked it over with two judges she used to work with while I was home and they both said his own statements and billing notes alone would be enough for them to judge in my favor. I am anxious to see what he has to say when I am done.



I wonder if it is legal for me to take a full page ad in the local newspaper thanking everyone for their help in winning my case if I do win. That would certainly put a dent in his business in a small town like this.



Maybe that is overkill but I sure do like the sound of it.



Wish me luck as I hope things will go smoothly and I don't go forgetting something important.



Jon

 

[midwestdually]

sorry to hear of your troubles... DEFINITELY keep us updated!

 

[Boomer II]

So how'd it go?

 

[midwestdually]

bump... win,lose, or draw?

 

[SOOT]

what happen??

 

[Cowboy Medic]

Well, I definitely think things went well. The guy admitted most of the things straight up, then did not even offer an argument about lying about bleeding the clutch and things like that. Basically the only defense he offerred was that the pilot bearing didn't come with the clutch so he didn't know he was supposed to install one. It was rather funny. At the end the judge asked for all documents we wished to submit for him to review before he made his decision, I had my entire case documented with all my arguments outlined. They gave him absolutely nothing. Now it is just wait and see. I feel good about it though. The judge has ninety days to review everything and return a decision to us by mail.

 

[dpuckett]

Glad to hear it all seems to have gone well. Just have to hope the shop owner doesnt do any favors or payoffs for the judge that would cloud His Honor's judgement. I got scr*wed by a mechanic with the first diesel I owned, though not as bad, and vowed to never let another mechanic under the hood of any vehicle I ever owned. So far, I've taken a truck to the shop twice since then, and it has been messed up both times.



Daniel

 

[Sageair]

Sounds like you must have some dandy judges there if the thought of a payoff even crosses your mind!

 

[Cowboy Medic]

I'm not worried about the Judge, My Aunt knows him and says he is a very honest man. Apparently they grew up going to church groups and stuff together. When I got home and she found out who had heard the case she was thrilled because she knew I would get a fair assessment of the situation.

 

[hammersley]

Wish you all the luck BUT

what sort of place is this - I mean - do they have any $$$$. Is he likely to go out of business? Hope you have luck on collecting, Not sure what the law states in Minn. , but in many places, a judgement is one thing - getting the money is another... Keep us informed. Sounds like you had the Clampetts working on your rig.

 

[Cowboy Medic]

Under Minnesota law once a judgement is entered they have 23 days to pay or I can have their bank and property assets seized to the amount owed to me and costs of collection. Their business is running in the black according to records they were required to provide with more than enough in the account to pay for what I was seeking. I feel confident they will pay up as I also know they are seeking a loan to buy new property and build a new building, and any judgment entered will be on their credit report until settled. If it goes against them it would really be hurting them if they do not pay.

 

[Cowboy Medic]

Well it is all final now. Yesterday was the deadline to appeal and I called them today and said that I would immediately be going down and filing a lien on their business if I wasn't paid. Still didn't get everything back I felt I should have, but I got enough to know that even with interest he lost money on the deal.



Oh well, just wanted to put a final note of thanks out there to the guys that offered advice over the last year, or those that sent me the clutch paperwork and everything else. Special note of thanks will be going to Peter at South Bend as well. They were really nice in dealing with me on getting a new clutch after the first one got ruined. Gave me a great price when they certainly didn't have to as it was in no way their fault. Being a member here has proved to have rewarded me about $3000 dollars through this little event as I would have never had the knowledge or technical understanding to know I was geting BS'ed otherwise. Now if I could just get that kind of return on every $35 I invest.



Jon

 

[DieselPuter]

Judgment Recovery

I own a company here in California that specializes in collecting outstanding judgments. Don't know the law that well in other states, but in California judgment creditor has loads of tools at his or her disposal to collect the judgment.



With a business owner it is almost too easy to collect, the local sheriff can do whats called a till tap, that is where they will sit next to the cash register all day and take every penny that customers pay for good or services, bank account seizures are easy if you can find it, personal property liens, real estate liens, you can do a 3rd party levy, that is where you take property or $$ from a 3rd party, i. e. a landlord holding a security deposit, or on the day rent is paid you can have the sheriff take rent check away from land lord, business equipment seizers..... lots of fun stuff..... anyway if you need any help collecting let me know!!!!!!!!!

 

[Cowboy Medic]

Thanks for the offer, but I already got paid today. That is why I was excited. I had heard from several people he planned to avoid it as long as possible. I do know that they are trying to buy some commercial land right now so I am sure once he found out I was going to place the lien he wanted to clear it up right away to avoid it mucking that up in any way.

 

[DieselPuter]

??

Was this someone in Rapid or in MN, I am from Spearfish... ... ... ... .

 

[Cowboy Medic]

This was in Blue Earth, MN. When were you in Spearfish? I have worked ambulance up there for about 5 years now.

 

[DieselPuter]

Many moons ago...........

Left in 90 for the great state of Kalifornia... ... ... ... ... ... what was I thinking??????????